We handling disputes well by providing specialist expertise and an ability to advise on ‘risk management’ in a particular legal area, together with a sound knowledge of civil court procedures. Our litigation team is experienced in all aspects of dispute resolution including, negotiation and mediation, arbitration, and court action providing clients with cost-effective, timely and comprehensive advice and representation. We have conducted cases in the Court of Appeal, High Court, Employment Court, District Court, Family Court, Employment Relations Authority and in various Tribunals. An understanding of the procedural aspects of the court system ensures that a claim is progressed or resolved effectively and efficiently, with the best available outcome obtained for our clients wherever possible.

• Litigation

  • Our litigation team is experienced in all aspects of dispute resolution including litigation, arbitration, negotiation and mediation, providing clients with cost-effective, timely and comprehensive dispute resolution advice and representation. We have conducted cases in the Court of Appeal, High Court, Employment Court, District Court, Family Court and various Tribunals.

• Civil Disputes

  • Civil disputes often require expertise advice in both a specialised legal area and sound knowledge of civil court procedures. McVeagh Fleming ensures all members of its litigation team understand the procedural aspects of the legal system to ensure that it is used to produce the best available outcome for our clients in the most efficient manner possible.

• Commercial and contract issues

  • The Commercial Litigation team at McVeagh Fleming has a vast amount of experience and expertise in commercial disputes, including claims in contract and tort. Whether you have become involved in a relatively straightforward legal dispute or if a more complex issue arises, we believe it is of the utmost importance to obtain all necessary facts, understand the client’s objectives and apply careful analytical skills to achieve the best outcome for the client. We will provide honest and realistic advice that will assist in remedying the legal dispute efficiently.

• Construction and Property Disputes

  • All too often when selling, purchasing or constructing a property, issues will arise requiring legal advice. We have a substantial amount of experience acting for either the purchaser or vendor of a property where a sale and purchase agreement has given rise to a legal dispute. Similarly, the broad area of Construction Law (encompassing resource management, contractual issues and the recent phenomenon of the leaky building syndrome) is an area in which the team at McVeagh Fleming has had a high degree of involvement in. Whether you are the builder, architect, home owner or any other party involved in a dispute involving construction or the sale and purchase of a property, we invite you to contact our team.

• Criminal and Summary Offences

  • McVeagh Fleming provides legal advice to clients who are being prosecuted in the criminal court including traffic offences, family violence, applications for limited licences and other criminal or summary offences. Our staff also place a great deal of importance on clients’ needs. Accordingly, we endeavour to provide sensible and realistic advice regarding the possible outcomes of the charges.

• Employment

  • The balance between employer and employee rights is often difficult to achieve and with such a broad scope for a breakdown in the employment relationship, this is often an area in which litigation is pursued. We provide sound legal advice in all areas of Employment Law including:

    1. Accident compensation claims
    2. Employment Agreement interpretation and advice
    3. Employment Relations Act compliance
    4. Restraint of trade clauses
    5. Representation in Employment Grievances

• Insolvency, Bankruptcy and Securities Enforcement

  • McVeagh Fleming specialises in acting for both creditor and debtor, with a number of corporate clients requiring on-going legal services in the area of debt recovery, securities enforcement, insolvency and bankruptcy. Whether you are an individual pursuing a debt, a company requiring repayment of a number of debts or are being pursued for payment, or a secured creditor looking to enforce your securities, our team offers a wealth of experience and expertise in the area.

• Intellectual Property

  • Intellectual property is becoming more and more important for small businesses and entrepreneurs to be aware of. McVeagh Fleming provides legal advice regarding the protection of intellectual property rights at the outset, as well as claims regarding ownership of intellectual property. In particular, we provide advice regarding:

    1. Trademark disputes and registration advice
    2. Claims of passing off
    3. Copyright
    4. Patent applications and disputes

• Mediation and Arbitration

  • McVeagh Fleming is aware that pursuing litigation can be expensive and stressful for all parties concerned. Therefore, where mediation or arbitration can be pursued in order to provide speedy and efficient settlement, we will pursue (and encourage other parties to pursue) a solution that enables the parties to sit down together and attempt to reach an acceptable solution.

• Resource Management

  • Resource Management is a broad area of law ranging from applications for resource consents and appeals of decisions to claims against various parties for breaches of the Resource Management Act 1991. Whether you are considering constructing a dwelling requiring resource management compliance and are having difficulty in obtaining it, or you have knowingly or unknowingly breached a provision of the RMA, we are able to provide realistic and cost effective advice to assist you in resolution of the matter.

• Family Law

  • The McVeagh Fleming Family Law department is uniquely placed to provide you with comprehensive legal advice on all aspects of family law. Our team is one of several at McVeagh Fleming meaning that not only do our clients have access to lawyers who specialise in the family law area, but they also have access to specialists in all other areas of the law. Given that many family issues overlap into other areas of the law, this puts our clients at a significant advantage.
    While we remain one of the few larger private firms who have retained a family law practice, our clients receive the personal service that is so important to a successful family lawyer/client relationship. We offer empathetic, timely and practical advice based on a sound knowledge of the law together with effective drafting and advocacy skills.

• Adoption

  • Adoption involves the substitution of a child’s existing parents with a new parent or parents. Once an Adoption Order is granted the existing parents cease to be the child’s legal parents, while the adoptive parents are deemed to have given birth to the child and become the child’s legal parents for all purposes. Given the radical change this makes to a child’s status, adoption occurs less frequently than may be thought. If a caregiver wishes to cement their relationship with a child, it may well be that parenting orders or guardianship orders under the Care of Children Act 2004 may be more appropriate. Adoption may be an option for same sex couples and those people who have used a surrogate. We are able to advise as to what kind of order will best meet your needs and the needs of the child.

• Child Support/Child Maintenance

  • When one parent has primary care of a child, the other parent may be liable to pay child support for the care of that child. The amount payable is determined by the income and living circumstances of the paying parent. We can advise on how to go about organising child support either through the Inland Revenue Department or directly, via private arrangement, from the other parent.

• Parenting Arrangements

  • When parents separate they are naturally concerned about the wellbeing of their children. The Care of Children Act 2004 has introduced some new terminology that often causes confusion. Many people are confused by the Act’s new terminology. What was previously known as “custody” is now “day to day care” and what was previously known as “access” is now known as “contact”.
    Many parents who separate are able to successfully work together to create a care arrangement that works well for both them and their children. In these cases we can advise on and prepare an informal Parenting Agreement. In the event that the parents are unable to reach agreement we can advise on bringing an application for a Parenting Order under the Care of Children Act and what can be expected as the Court process progresses.

• Dissolution

  • An application for an order dissolving marriage (commonly known as a divorce) can be made after two years of separation. Applications for a dissolution of marriage can be brought by either one spouse alone or by both spouses jointly. We can advise on the practicalities of each option and prepare and submit the necessary application to the Family Court on your behalf.

• Divorce

  • An application for an order dissolving marriage (commonly known as a divorce) can be made after two years of separation. Applications for a dissolution of marriage can be brought by either one spouse alone or by both spouses jointly. We can advise on the practicalities of each option and prepare and submit the necessary application to the Family Court on your behalf.

• Domestic Violence

  • Domestic violence is a sad reality of New Zealand society and takes many forms including physical, sexual, emotional and psychological. In many cases an urgent response to the situation is critical. An application for a Protection Order to safeguard the applicant and any children of the relationship may be made by any person who is or has been in a domestic relationship with the violent party.
    Our family team offers an empathetic and rapid response to situations such as these and can direct clients to other support services that may assist them at this difficult time. Under the Domestic Violence Act 1995 tenancy/occupation orders, so that the applicant can remain in the family home, as well as furniture orders may also be available.

• Family Protection

  • The Family Protection Act 1955 allows certain classes of people to make an application to the Court if they believe that they have not been properly provided for in the Will of a deceased person. Most often a claim under this Act will be made by the children of the deceased. While the Courts are not at liberty to “re-write” a Will, and will not alter a Will simply because it is not fair, they can amend the terms of the Will where it is found that the deceased has breached his or her “moral duty” to the person bringing the claim. We are able to advise on the likelihood of success of such a claim and provide guidance as to the quantum of any award that may be made.

• Family Trusts

  • Creating a Family Trust can be an effective mechanism through which to safeguard your assets for the future. A carefully created Trust can also have many other benefits such as preventing relationship property claims and claims against estates, protection against creditors as well as tax advantages. Once assets are transferred into a Family Trust they are no longer owned personally. We have considerable expertise in the Family Trust area and can provide sound advice on creating a Trust that works in the way that the client wants it to as well as providing assistance with managing the Trust in the future and demystifying all the jargon associated with Trusts. Many clients considering setting up a Family Trust to protect relationship assets, also wish to have a Contracting Out Agreement prepared for added asset protection.

• Guardianship

  • Guardianship encompasses a raft of concepts important to children including decisions regarding their place of residence, schooling, medical welfare and religion. It is a different concept to, but often sits beside, day to day care. The birth parents of a child are, in most cases, automatically the child’s guardians. Applications for guardianship may therefore be appropriate for people who are not the birth parents of a child but who wish to care for them and will be the ones making decisions regarding the child’s wellbeing and development. We can make the appropriate applications to the Family Court for Guardianship Orders.

• Paternity

  • Determining the paternity of a child has implications in many areas such as day-to-day care and contact, guardianship and child support. It is generally viewed as being in the best interests of a child that they know who both of their parents are. We can advise on how to apply to the Family Court for a Paternity Order, prepare the necessary documents for filing in the Court and guide clients through the court process.

• Pre-Nuptial Agreement

  • Under the Property (Relationships) Act many assets which were the separate property of one party will become relationship property (and therefore equally divisible between the parties upon separation) where the parties have been in a relationship for three years or more. By entering into a Contracting Out Agreement (previously known as a pre-nuptial agreement) couples can earmark those items of property that they wish to retain as their separate property. A Contracting Out Agreement can also deal with such things as future earnings and the acquisition of property in the future. It can also provide a formula for the division of property should a relationship end. Contracting Out Agreements are popular with clients who bring significant assets into a relationship which they wish to have preserved as their separate property.
    
    Dividing Relationship Property Upon Separation: Separation can be a difficult enough time for couples emotionally without the added complication of having to divide assets and work through care issues for their children. The Property (Relationships) Act has been described as a ‘minefield’ and it is certainly the case that the provisions of the Act need to be worked through with a great deal of care.
    Our family team has the expertise and experience to advise you on all aspects of the Act including economic disparity, sustenance of and contributions to separate property and how the status of assets may have changed depending on the duration of a relationship. We can then draft a Relationship Property Agreement that maximises our client’s entitlements under the Act and which gives them certainty that no other claims will be brought against them under the Property (Relationships) Act in the future.

• Protection of Personal and Property Rights Act 1988

  • Applications under this Act (commonly known as PPPR applications) can be made by those who care for or have a major input into the lives of elderly or disabled persons who are unable to manage their property affairs or make decisions about their personal welfare. Obtaining orders under this Act can be a lengthy process and requires on-going commitment by the person who is granted the order. We can advise whether an application under the PPPR Act is appropriate in the circumstances, draft the necessary documents to make an application to the Family Court and guide you through the Court process.

• Relationship Property

  • Our experience is that many clients are confused about their relationship property entitlements under the Property (Relationships) Act 1976. Although this Act has been in force since 2002 there are many grey areas which require careful consideration and analysis by lawyers who have experience and expertise in this field.
    The relationship property umbrella encompasses two different concepts;
    Dividing property upon separation; and
    Protecting property at the beginning of a relationship
    Contracting Out Agreements: Under the Property (Relationships) Act many assets which were the separate property of one party will become relationship property (and therefore equally divisible between the parties upon separation) where the parties have been in a relationship for three years or more. By entering into a Contracting Out Agreement (previously known as a pre-nuptial agreement) couples can earmark those items of property that they wish to retain as their separate property. A Contracting Out Agreement can also deal with such things as future earnings and the acquisition of property in the future. It can also provide a formula for the division of property should a relationship end. Contracting Out Agreements are popular with clients who bring significant assets into a relationship which they wish to have preserved as their separate property.
    Dividing Relationship Property Upon Separation: Separation can be a difficult enough time for couples emotionally without the added complication of having to divide assets and work through care issues for their children. The Property (Relationships) Act has been described as a ‘minefield’ and it is certainly the case that the provisions of the Act need to be worked through with a great deal of care.
    Our family team has the expertise and experience to advise you on all aspects of the Act including economic disparity, sustenance of and contributions to separate property and how the status of assets may have changed depending on the duration of a relationship. We can then draft a Relationship Property Agreement that maximises our client’s entitlements under the Act and which gives them certainty that no other claims will be brought against them under the Property (Relationships) Act in the future.

• Relocation

  • Parties who separate sometimes wish to move away from their current home, whether within New Zealand or overseas. This can be for a variety of reasons such as work opportunities and extended family support. Understandably a proposed relocation is often opposed by the parent who is remaining in their current locality. Relocation can be a lengthy and difficult process given that, under the Care of Children Act, the best interests of the child are paramount, usually meaning the child having contact on a regular basis with both parents. We can advise on the prospects of success should an application for relocation be desired. We can also advise on the availability of an Order Preventing Removal of a child if there are concerns that a child is to be taken overseas and not returned to New Zealand.

• Separation

  • Separating from a spousal partner is a difficult process. Many clients who come to see us are not absolutely sure that they wish to separate. We can offer advice about counselling through the Family Court, a service which many clients find invaluable. In the event that separation does proceed we can advise on the division of assets under the Property (Relationships) Act, on the care of children, and, if appropriate, on the dissolution of your marriage.

• Spousal Maintenance

  • Upon separation, spousal maintenance may be available to a spouse or partner who, due to the roles during the relationship, is currently unable to support themselves. Spousal maintenance issues are often resolved at the same time as those relating to care of children and relationship property. It can take the form of a payment for the interim, past and future needs of the spouse or partner. We can advise the likelihood of a successful application for maintenance, on the duration for which the maintenance will be payable and the possible quantum of the payment.

• Wills and Enduring Powers of Attorney

  • Creating a new Will to ensure that your loved ones receive the appropriate portions of your estate in the event of your death is recommended upon separation or any other major change in your circumstances and is necessary upon marriage. You may also wish to appoint a testamentary guardian to look after your children. We have the experience and expertise to create a Will which reflects your needs and will provide for your family in the future in accordance with your wishes.
    When creating a Will, many clients also wish to prepare Enduring Powers of Attorney. These provide directions as to who should take care of your property and personal welfare in the event that you are incapacitated. Carefully drafted Enduring Powers of Attorney can remove the need to have to apply for Protection Personal Property Rights orders at a later date.

• Other Services

  • Our expertise includes:

    1. Property and business claims
    2. Debt collection
    3. Personal grievances
    4. Injunctions
    5. Trade disputes
    6. Restrictive covenants
    7. Passing off actions
    8. Payment schedules
    9. Leaky building claims
    10. Taxation
    11. Appeals to the Environment Court
    12. Adjudication
    13. Family Court
    14. Court of Appeal
    15. Supreme Court
    16. High Court
    17. Taxation Review Authority
    18. Disputes Tribunal
    19. Liquor Licensing Authority
    20. Driving and road user charges